Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. If you continue browsing the site, you agree to the use of cookies on this website. See our User Agreement and Privacy Policy.

Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. If you continue browsing the site, you agree to the use of cookies on this website. See our Privacy Policy and User Agreement for details.

15.
Page 8<br />Discrimination Law Review-green paper<br /><ul><li>Introduce an equal pay moratorium where employers carry out pay audits and have a set period free from legal challenge within which to identify any inequalities identified

16.
Develop an ‘equality check tool’ for employers to use, as recommended by the Women and Work Commission

17.
Consider introducing a voluntary equality standard scheme, which could be an independently assessed, accredited standard

18.
Important role for the Commission for Equality and Human Rights to develop positive action guidance

19.
Extending positive duties in the public sector to cover all grounds of discrimination</li></li></ul><li>Page 9<br />Acknowledgement of bias<br />

20.
Page 10<br /><ul><li>Need to accept we are biased; without this recognition there can be no progress

22.
Need to be able to discuss these biases with each other-need to ensure we challenge each other and remain vigilant and alert, not only to our biases but to those of others around us</li></ul>Acknowledgement of bias<br />

30.
Page 16<br />Disability 1 of 10<br /><ul><li>Employers need to be aware of the need to make reasonable adjustments in cases where a provision, criterion or practice places a disabled person at a substantial disadvantage

31.
An employer has to take reasonable steps to prevent that disadvantage, and there is no defence of justification for failure to comply

32.
The DDA provides non-exhaustive lists of steps to be considered but there are still many grey areas for employers</li></li></ul><li>Page 17<br />Disability 2 of 10<br /><ul><li>Employees injured at work may sue for damages in a personal injury claim. If they are disabled, there may also be a discrimination claim under the DDA, if they can prove that the employer has failed to comply with the act’s premises regulations

33.
Employers’ insurance policies generally only cover bodily injuries to employees rather than ancillary discrimination claims that may also arise

34.
Case law suggests that secondary injury to feelings claims are likely to cost more than £1000</li></li></ul><li>Page 18<br /><ul><li>HOW FAR SHOULD THE DDA GO?

35.
Certain conditions are deemed ‘disabilities’ for the DDA, including blindness, severe disfigurements, cancer and HIV

36.
In other cases, an individual’s condition must meet the statutory definition of disability to be protected under the DDA-but this can often lead to uncertainty particularly in the case of mental impairment

37.
Certain conditions are excluded from the DDA such as substance addiction-however providing an impairment falls within the definition of disability its cause is irrelevant

38.
Employers should audit all policies and procedures for disability bias and regularly review the effectiveness of procedures for identifying potential disabilities and reasonable adjustments</li></ul>Disability 3 of 10<br />

39.
Page 19<br />Disability 4 of 10<br /><ul><li>Disability-related discrimination occurs when someone is treated less favourably “ for a reason that related to that person’s disability” than others “to whom that reason does not or would not apply”

40.
Establishing disability-related discrimination means asking: Has the disabled person received less favourable treatment for a reason relating to the disability? If so, can the less favourable treatment be justified as being “material to the circumstances of the particular case and substantial”?</li></li></ul><li>Page 20<br />Disability 5 of 10<br /><ul><li>CHANGES MADE BY EMPLOYERS TO RECRUITMENT PRACTICES

41.
Offered a guaranteed interview to any person with a disability who meets essential criteria for the job

42.
Included text in recruitment materials to show employer welcomes applicants with disabilities

43.
Changed wording and/or images in job ads to give positive impression about commitment to employing people with disabilities

51.
Accommodating the needs of disabled workers extends way beyond installing a ramp or adapting toilet facilities. Forward-thinking employers go out of their way to make the jobs of disabled employers easier and fit in more flexibly to the business, with changes that include:

52.
Employing signers to enable deaf people to attend important meetings

82.
Situations in which an employer refuses or deliberately does not offer someone a job

83.
Way in which access to opportunities for promotion, transfer or training, or any other benefit, facilities or services is provided

84.
Dismissal or where someone has been subjected to any other disadvantage</li></li></ul><li>Page 32<br />Religion<br />

85.
Page 33<br />Religion<br /><ul><li>A dress code requiring employees to act against their religious beliefs risks being indirectly discriminatory, although it may be possible for an employer to objectively justify such a code

86.
Most religious observances can be accommodates in the workplace and employers should be reasonable in their approach to dress

87.
An employee who loses a claim for direct or indirect discrimination, but can show that they were treated less favourably than other people after making the allegations, might still bring a successful claim of victimisation</li></li></ul><li>Page 34<br />Sexual orientation<br />

89.
Good employers have developed anti-harassment policies and training programmes that incorporate sexual orientation, and many are starting to include orientation in workforce monitoring programmes</li></li></ul><li>Page 36<br />Smoking<br />

90.
Page 37<br /><ul><li>A dismissal of an employee breaking the smoking ban is likely to be fair if the employer’s no-smoking policy:

91.
Specifies that smoking in an unauthorised place is breaking the law, and will result in disciplinary action and possibly dismissal

92.
Has been communicated to all employees and has been applied consistently

93.
Treating employees differently for breaking the smoking ban could result in claims for breach of mutual trust and confidence and constructive dismissal</li></ul>Smoking<br />

113.
The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.

114.
Changing the definition of gender reassignment, by removing the requirement for medical supervision.

115.
Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers. </li></li></ul><li>Page 46<br />Equality Act 2 of 4<br /><ul><li>WITH EFFECT FROM OCTOBER 2010

116.
Clearer protection for breastfeeding mothers; Applying the European definition of indirect discrimination to all protected characteristics.

120.
Harmonising the thresholds for the duty to make reasonable adjustments for disabled people. Extending protection from 3rd party harassment to all protected characteristics. Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.